12/20/12 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 20, 2012 408 BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Michael C. Mecham sl Mark W. Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 82 -2012 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF REAL PROPERTY FROM SOUTH BEND REDEVELOPMENT COMMISSION Mr. Bill Schalliol, Community Investment, stated these properties being transferred to the Board of Works are lots that are part of future development areas. He noted the Board will only hold title for a short time; the intent is to transfer the properties located in the right- of-way to the adjacent property owners. Mr. Schalliol noted that the Board of Works is the agent for property in the right -of -way. Upon a motion made by Mr. Gilot, seconded by Mr. Mecham and carried, the following Resolution was adopted by the Board of Public Works: A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF REAL PROPERTY FROM SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend, Indiana, Department of Redevelopment (the "Department ") and of the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District "), exists and operates under the provisions of I.C. 36 -7 -14, as amended from time to time (the "Act ") and is a body corporate and politic; and WHEREAS, the City of South Bend, Indiana, Board of Public Works (the `Board ") has custody of and may maintain all real property owned by the City of South Bend, Indiana (the "City ") pursuant to I.C. 36- 9 -6 -3; and WHEREAS, the Board requires certain parcels of land previously acquired by the Commission and more particularly described at Exhibit A (the "Property ") for the development of infrastructure projects for the benefit of the citizens of the City; and WHEREAS, the Department, by and through the Commission, is willing to transfer the Property to the Board; and WHEREAS, pursuant to T.C. 36- 1 -11 -8, the Commission and the Board, may authorize the transfer and acceptance of property between governmental entities upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Department, through the Commission, has authorized the staff of the Department to approve and execute quitclaim deeds effecting the transfer of the Property; and WHEREAS, it is contemplated that the Commission will adopt a resolution consistent with the requirement of Indiana § 36- 1- 11 ---8. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The transfer of the Property described at Exhibit A situated in St. Joseph County, Indiana, by the South Bend Redevelopment Commission, to the Board of Public Works, for and on behalf of the City of South Bend shall be, and hereby is, approved. 2. The staff of the City of South Bend, Department of Public Works shall be, and hereby are, authorized to accept quit -claim deeds or any other instruments necessary to convey all of the right, title and interest in the Property to the City of South Bend pursuant to the terms